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Orissa High Court

WP(C)/15366/2020 on 3 July, 2020

Author: K.R.Mohapatra

Bench: K.R.Mohapatra

                           W.P.(C) No. 15366 of 2020




2. 03.07.2020            Due to outbreak of COVID-19, this matter is
                taken up through Video Conferencing.

                         Heard Mr.Mohit Agarwal, learned counsel for
                the petitioner.

                         Petitioner, in this writ petition, assails the
                action of the opposite parties in not taking any final
                decision on his application for change of allotment of
                EWS flat under Bidyadharpur Housing Scheme.

                         Learned counsel for the petitioner submits
                that the petitioner belongs to economically weaker
                section of the society and has applied for allotment of
                a flat under Bidyadharpur Housing Scheme and he
                has been allotted EWS Flat No.9/9 in 2nd Floor of the
                said housing complex. Since his father is a cardiac
                patient and has undergone bypass surgery in 2008 it
                would be difficult for him to climb up to the 2nd floor.
                Thus, he made a representation to the Secretary of
                Odisha State Housing Board (OP No.2) on 19.02.2020
                (Annexure-6). He has also made received information
                under the provisions of RTI Act to the effect that three
                units in Flat No.1/2, 9/2 and 19/1 are available in
                the said Housing project at Bidyadharpur. Thus, he
                prays for a direction for disposal of his representation
                dated 19.02.2020 (Annexure-6) at an early date
                taking into consideration the information supplied to
                the petitioner vide letter dated 19.06.2020 (Annexure-
                7) under RTI Act.
                                          -2-




                            Taking      into consideration the innocuous
                   nature of prayer made in this writ petition as well as
                   the submission of Mr.Agarwal, learned counsel for the
                   petitioner, this Court without expressing any opinion
                   on the merits of the case of the petitioner, disposes of
                   the   writ     petition     with   a      direction    that     the
                   representation of the petitioner dated 19.02.2020
                   (Annexure-6) may be considered by opposite party
                   No.2-Secretary,       Odisha       State     Housing         Board,
                   Bhubaneswar as expeditiously as possible, preferably
                   within a period of six weeks from the date of
                   production      of   authenticated        copy   of   this    order
                   downloaded from the website of this Court in the
                   manner prescribed in this Courts Notice No.4587
                   dated 25.03.2020, which shall be treated at par with
                   the certified copy of this order. Needless to mention
                   here that the representation of the petitioner shall be
                   considered taking into consideration the information-
                   Annexure-7 supplied to the petitioner under RTI Act
                   to the effect that some flats are available in the
                   ground       floor   of     the    said     Housing      project,
                   Bidyadharpur Housing Scheme.

                                                       .............................
                                                       K.R.Mohapatra, J.

.................................. (K.R.MOHAPATRA, ss J.